Carson v. Natchez Children's Home

580 So. 2d 1248, 1991 WL 84631
CourtMississippi Supreme Court
DecidedMay 3, 1991
Docket90-CA-0142
StatusPublished
Cited by11 cases

This text of 580 So. 2d 1248 (Carson v. Natchez Children's Home) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carson v. Natchez Children's Home, 580 So. 2d 1248, 1991 WL 84631 (Mich. 1991).

Opinion

580 So.2d 1248 (1991)

Alice Marie CARSON
v.
NATCHEZ CHILDREN's HOME, and Julie Mae Bell and Jason Lee Davis, Minors[1].

No. 90-CA-0142.

Supreme Court of Mississippi.

May 3, 1991.

David M. Read, Natchez, for appellant.

Pamela A. Ferrington, Natchez, for appellee.

En Banc.

HAWKINS, Presiding Justice, for the Court:

Alice Marie Carson appeals the decree of the chancery court of Adams County terminating her parental rights to two of her children under Miss. Code Ann. § 93-15-103(3)(b). We find the decision of the chancellor supported by substantial evidence not manifestly wrong, and affirm.

*1249 FACTS

Carson is the sole source of her life story. She was born in Natchez in or about the year 1961. She was raised in Boston, Massachusetts. She had four brothers, one of whom was handicapped. She described her mother as a quiet, submissive and long suffering wife, her father as cold, domineering and physically brutal. He rebuffed any effort at affection toward him, and beat her. The three able-bodied brothers sexually abused her. When she informed her parents, she was given a cot in the kitchen to sleep on.

When fifteen years of age, she was raped by a stranger. Her mother advised her not to report it.

In 1978, when she was seventeen, she married Sam Ellis in Boston. He drank excessively and used drugs. He would beat her, and then have sex with her. She divorced Ellis in 1982, and went through a marriage ceremony in Boston with Will Davis. Carson had two children, Debbie Lynn Davis, born May 27, 1981, and Jason Davis, born July 11, 1982. Carson testified Davis was loving with the children, but a heavy drinker who was always broke. She stayed with Davis until January, 1983, and then returned to Adams County where her parents then lived. When she went to get a divorce from Davis, she learned there was no record of her marriage to him.

She married Mark Bell December 12, 1983, who was in the military service. To this union her last child, Julie Bell, was born January 3, 1985. She moved with Bell to Virginia, and separated from him following his stabbing himself in the presence of the children in an effort to avoid being transferred to Panama. Following her separation from Bell, she returned to Adams County. She divorced Bell December 18, 1986.

She started going with Bobby Carson in July, 1986, and married him January 21, 1987. She divorced Bobby Carson in December, 1988. For a while during her marriage to Bobby Carson, she lived in Texas, and also helped him look after his children from a previous marriage.

In 1989 she became attached to another man, Ned Clark, in Adams County, and was living with him during that year.

The record does not reveal the formal education of Carson, but it was apparently quite limited. On July 30, 1986, following a consultation the previous day with the Natchez Children's Home (the Home), an unlicensed facility, Carson delivered her three children to the Home for temporary custody. At the time she was financially unable to provide for them.

Approximately a month later, Julie was placed in night-time foster care with Ramona Roper of Natchez, who at the time was single.

After a period of time Debbie and Jason, especially Debbie, were observed exhibiting overtly sexual behavior. After November, 1986, however, there were only two occasions when Carson could have been involved: a two-to-three day period when she had the children during Christmas, 1986, and a few days when she had the children during the Easter holidays, 1987.

It should also be noted that during the Christmas visit Debbie complained to her mother that a larger boy at school was touching her. Carson reported this to the school, and it was learned that there was substance to this complaint.

Also, in February, 1987, Carson reported to the Home that Debbie had told her a man named "John," who worked at the home was touching her.

When the children returned from the Easter, 1987, visit, a houseparent found Jason playing with a plunger in a sexual manner. When questioned, Jason told her that he and Debbie "touched" each other while they were at their mother's. A few minutes later Jason was seen pulling down another child's pants. When Debbie was questioned about Jason's report of their behavior during their visit, she said it happened.

Also, April 21, 1987, the night they returned, while Debbie and Jason were assigned separate rooms, the two were discovered in Jason's bed, their bottom clothing uncovered. When separated, Debbie *1250 was heard telling Jason, "I'll beat your butt if you tell."

On May 28, 1987, it was reported to Peter Hungerford, the director of the Home, that Debbie and another child had been sexually acting out together. Hungerford and Betty Gideon, a worker at the Home, questioned Debbie, who admitted the act, and that she had initiated it. At that time she told Hungerford and Gideon that during the previous Christmas holidays she had been sexually involved with her mother, her Aunt Joan Logan and Logan's daughter. The contact, according to Debbie, consisted of touching each other in their private areas, and also included Jason and Julie. Debbie told them she had oral sex with Jason, and that her mother had rubbed her in her private areas.

She also reported that when she was five-years-old, her maternal grandfather had touched her, and had oral sex and intercourse with her. She said it hurt when men did it. She also reported intercourse with Mark Bell with her mother present. She said intercourse happened with Bobby Carson "a hundred times."

It should be observed that what Debbie and Jason related to the Home's authorities came from Nancy Hungerford's reading from the Home record notes made of these events. The entire notes were introduced as Exhibit 4 without objection.

There were several hearings concerning the children in the Youth Court of Adams County. Portions of the transcripts of the hearings are in the record.

At the first hearing on October 7, 1986, there was no controversy. Peter Hungerford gave the court a statement of the goals, and told the court that Carson had strong mothering skills but was broke.

There was another Youth Court hearing on May 12, 1987, but no transcript of any of this proceeding is in the record.

At the August 26, 1987, hearing, Peter Hungerford testified at some length. He testified that prior to and since the May 12 hearing the Home had been dealing with the sexual behavior of the children, trying to get a coherent picture. Debbie was noticed kissing, fondling, laying on top of or under younger children than she. When questioned, she was fearful. A tape had been made and given the Youth Court.[2]

As a basis for his conclusion that Debbie had been involved in sexual activity with grown persons, Hungerford testified at the Youth Court hearing:

Specific facts in the multitude of her sexual activity. She — I mean, you know, I've seen all sorts of ranges of different types of children. She exhibited, and many times we have notated, specific sexual activity that is just much, much more than what we could call normal activity.
... .
OK. She had fondled two- and three-year-old boys. Uh, pulled down their pants and fondled them. She has, uh, been seen laying on the ground with an older girl laying on top of her. She has been caught with an older boy fondling her.

(Youth Court Transcript, p. 6; Exhibit 12)

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Bluebook (online)
580 So. 2d 1248, 1991 WL 84631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carson-v-natchez-childrens-home-miss-1991.